ONEIDA CHARTER TOWNSHIP by 2sGRZLZ

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									                       ONEIDA CHARTER TOWNSHIP
                        EATON COUNTY, MICHIGAN
             WIND ENERGY CONVERSION SYSTEMS AND WIND PARKS
                     ZONING ORDINANCE AMENDMENT
                          ORDINANCE NO. 2-2012


        At a regular meeting of the Township Board of Oneida Charter, Eaton County, Michigan,
held at the Oneida Charter Township Hall on ______________, 2012, at 7:30 p.m., Township
Board Member ____________________ moved to adopt the following ordinance amendment,
which motion was seconded by Township Board Member __________________:

       AN ORDINANCE TO AMEND THE ONEIDA CHARTER TOWNSHIP
       ZONING ORDINANCE, AS AMENDED, REGARDING SPECIAL
       APPROVAL USE STANDARDS AND REGULATIONS FOR WIND ENERGY
       CONVERSION SYSTEMS AND WIND PARKS.

THE TOWNSHIP OF ONEIDA CHARTER ORDAINS:

Article 1.    Findings. The Township Board of Oneida Charter Township finds that:

       a.     Wind energy conversion systems (WECS) and other emerging technologies hold
              the potential to generate electricity close to its users while creating less
              undesirable side effects than do some traditional methods. This Ordinance seeks
              to recognize the potential of this technology while providing the tools to insure
              regulation consistent with the public interest.

       b.     Regulation of the siting, installation and operation of WECS is necessary to
              protect the health, safety, and welfare of neighboring property owners and the
              general public.

       c.     WECS may cause significant potential negative aesthetic effects because of their
              large size, lighting, and shadow flicker.

       d.     If not properly regulated, installation of WECS can create drainage problems
              through erosion and lack of sediment control for facility and access road sites and
              harm farmlands through improper construction methods.

       e.     WECS may present a risk to birds, bats and other creatures if not properly sited.

       f.     If not properly sited, WECS may adversely affect the property values of adjoining
              and or abutting property owners.

       g.     WECS may be sources of noise, which, if unregulated, can negatively impact the
              quiet enjoyment, health, and safety of persons and properties in their vicinity.




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       h.     Construction of WECS can create traffic problems and damage local roads.

       i.     WECS can cause electromagnetic interference issues with various types of
              communications.

       j.     To be properly sited WECS shall be located in and surrounded by substantial
              tracts of largely undeveloped land, referred to in this Ordinance as Wind Parks,
              thereby diminishing the negative effects of WECS on surrounding properties
              outside Wind Parks.

       k.     By properly siting WECS in Wind Parks containing substantial surrounding
              undeveloped land, it is also possible to preserve the surrounding undeveloped land
              for agricultural uses and purposes that are consistent with the location of WECS.

Article 2.      Definitions. The following new and additional definitions are hereby added to
Article 2/ Section 2.23 (Definitions) of the Oneida Charter Township Zoning Ordinance, with
other existing definitions being renumbered accordingly:

___ WECS Height: The distance between the ground (at a normal grade) and the highest point
of the WECS, as measured from the ground (at a normal grade), plus the length by which the
rotor blade on a horizontal mounted WECS exceeds the structure which supports the rotor and
blades (normally, the tower). Or put another way, the distance between the ground (at a normal
grade) and highest point of the WECS (being the tip of the blade, when the blade in the full
vertical position).

___ Wind Energy Conversion System (WECS): Shall mean a wind-powered device for the
generation of energy, commonly referred to as a wind generating tower, windmill, or wind-
powered generator, consisting of a combination of:

       a.     The surface area (typically a blade, rotor, or similar device), either variable or
              fixed, for utilizing the wind for electrical generating powers; and

       b.     A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface
              area into a form suitable for driving a generator, alternator, or other electricity-
              producing device; and

       c.     The generator, alternator, or other device to convert the mechanical energy of the
              surface area into electrical energy; and

       d.     The tower, pylon or other structure upon which any, all, or some combination of
              the above are mounted.

A WECS can also include other components not listed above but associated with the normal
construction, operation, and maintenance of a wind energy conversion system.




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___ Wind Park: One or more WECS placed upon one or more contiguous lots or parcels with
the intent to sell or provide electricity to a utility or transmission company. Although the WECS
within a Wind Park may or may not be owned by the owner of the property or properties within
the Wind Park, the Wind Park shall consist of all the contiguous lots and parcels located within
Oneida Charter Township that are in whole or in part within a radius of 2,640 feet from the bases
of any and all WECS within the Wind Park, unless the Planning Commission expressly provides
the permit for the special approval use that the applicant may use a smaller radius or that any
properties may be excluded from the Wind Park. If the Planning Commission permits any
properties within the approved radius to be excluded from the Wind Park, then such properties
shall be treated for all purposes as outside the Wind Park under this Ordinance.

___ Single WECS for On-site Service Only: A single WECS placed upon a lot or parcel with
the intent to service the energy needs of or supplement other energy sources for only that lot or
parcel upon which the single WECS is placed.

Article 3. The following is hereby added to Section 15.04 of the Oneida Charter Township
Zoning Ordinance:

Section 15.04 (OO) Wind Parks:

       a.     Purpose: The purpose of this Section is to establish standards for the siting,
              installation, operation, and removal or repair of Wind Parks within the A-1
              District as a Special Approval Use.

       b.     Applicability: Wind Parks may be allowed as a Special Land Use Permit
              Approval only within the A-1 District, subject to the regulations and
              requirements of this Section and the general Special Land Use Approval
              procedures, standards and criteria of Chapter 15 of the Oneida Charter Township
              Zoning Ordinance.

       c.     Application; Signatures: The application for Special Land Use Permit Approval
              for a Wind Park shall be submitted on a form prepared for that purpose by the
              Township, and shall demonstrate the support in writing of each and every legal
              and equitable owner of each lot or parcel within Oneida Charter Township that is
              located in whole or in part within the Wind Park. If any owners of property
              within Oneida Charter Township that is proposed to be within the Wind Park do
              not support the application, the application shall identify those owners by name,
              address and telephone number, and a copy of the last offer the applicant made to
              that owner. If no offer was made to the owner, a copy of any and all
              communications between the applicant and the owner shall be submitted to the
              Oneida Charter Township Planning Commission. The Planning Commission
              shall investigate the basis for each owner’s objections. The record of the
              investigation shall be made a part of the record in the consideration of the Special
              Approval Use proceedings and the Planning Commission shall give due
              consideration to the basis for the objections in determining whether to permit any
              properties to be excluded from the Wind Park.



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d.   The applicant shall submit eight (8) copies of the application and all supporting
     materials to the Township Zoning Administrator. The Zoning Administrator will
     cause the application to be placed on the Planning Commission’s next regular
     meeting agenda.

e.   Site Plan Drawing and Supporting Materials: All applications for a Wind Park
     Special Approval Use must be accompanied by a detailed Site Plan, drawn to
     scale and dimensioned, and certified by a registered engineer licensed in the State
     of Michigan, displaying the following information:

     1.     All requirements for a site plan contained in Article 16 of the Oneida
            Charter Township Zoning Ordinance.

     2.     All lot lines and dimensions, including a legal description of each lot or
            parcel within the Wind Park.

     3.     Names of owners of each lot or parcel within Oneida Charter Township
            that is proposed to be within the Wind Park.

     4.     Location and height of all proposed buildings, structures, electrical lines,
            towers, guy wires, guy wire anchors, security fencing, and all above
            ground structures associated with each WECS

     5.     Location and height of all buildings, structures, and above ground utilities
            located or proposed within the Wind Park.

     6.     Specific distances to all onsite buildings, structures, and utilities shall be
            provided.

     7.     Location of all existing and proposed overhead and underground electrical
            transmission or distribution lines within the Wind Park, as well as within
            1,000 feet of the outside perimeter of the Wind Park.

     8.     Proposed setbacks between each WECS and from each WECS to all
            existing and proposed structures within the Wind Park.

     9.     Land elevations at each proposed WECS location and its relationship to
            the land elevations of all existing and proposed structures within the Wind
            Park.

     10.    Access driveways to each WECS, together with a detailed narrative
            regarding dimensions, composition, and maintenance of each proposed
            driveway. All access driveways shall be subject to Eaton County Road
            Commission/Michigan Department of Transportation approval, and the




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            use of the drives shall be planned so as to minimize the use of lands for
            that purpose.

     11.    The location of all farmland within the Wind Park that is designated for
            preservation, a written description of the plan for preservation of farmland
            within the Wind Park, and copies of all easements, restrictive covenants
            and other documents proposed to be used to achieve that plan.

     12.    Planned security measures to prevent unauthorized trespass and access and
            to warn of potential dangers, during the construction, operation, removal,
            remodeling or repair of the WECS.

     13.    A written description of the maintenance program to be used to maintain
            each WECS, including removal when determined to be obsolete or
            abandoned. The description shall include maintenance schedules, the
            types of maintenance to be performed, and removal procedures and
            schedules should the WECS become obsolete or abandoned.

     14.    A copy of the manufacturer’s safety measures to prevent uncontrolled
            rotation or over speeding.

     15.    Planned lighting protection measures.

     16.    Additional detail(s) and information as required by the Special Land Use
            Approval    requirements of the Oneida Charter Township Zoning
            Ordinance, or as requested by the Planning Commission.

f.   Compliance with the Township Building Code: The applicant shall obtain
     approval under the Township Building Code as a condition of any special
     approval under this section.

g.   Construction Codes, Towers & Interconnection Standards: Each WECS shall
     comply with all applicable state construction codes, as well as Federal Aviation
     Administration (FAA) requirements, the Michigan Airport Zoning Act, the
     Michigan Tall Structures Act, and local jurisdiction airport overlay zone
     regulations. The tower shaft shall not be illuminated unless required by the FAA.
     Each WECS shall comply with the applicable utility, Michigan Public Service
     Commission and Federal Energy Regulatory Commission interconnection
     standards.

h.   Farmland Preservation: Farmland located within the Wind Park that is not
     designated as an immediate location of any WECS and WECS accessory
     structures is encouraged to be preserved for agricultural uses and purposes
     through the execution and recording of appropriate farmland easements,
     restrictive covenants, or other documents approved by the Planning Commission.
     Although such preservation measures are not required, they will be favorably



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     considered by the Planning Commission in the review of a Special Land Use
     Approval application under this Section.

i.   Design Standards:

     1.    Height: The permitted maximum total height of each WECS (i.e., WECS
           height) shall be 430 feet including the blade in vertical position.

           a.     State and federal regulations may require a lesser height.

           b.     As a condition of approval, the Township may require a lesser
                  height for WECS if it is determined that it is reasonably necessary.

           c.     Each WECS shall be constructed with a tubular tower, not a lattice
                  tower.

           d.     The Planning Commission may approve a WECS height greater
                  than 430 feet if the applicant clearly demonstrates that such greater
                  height would be in the interest of persons and properties
                  surrounding the Wind Park.

     2.    Setbacks: No part of a WECS (including guy wire anchors) shall be
           located closer than 150% of the WECS height to any habitable structure
           and no closer than 100% of the WECS height to any road or utility.

     3.    Isolation: No WECS shall be located closer than 2,640 feet from the base
           of the WECS to any point outside the Wind Park within Oneida Charter
           Township, unless the Planning Commission otherwise expressly provides
           in the permit for the special approval use. If the applicant seeks approval
           of an isolation distance less than 2,640 feet, the applicant shall be required
           to demonstrate to the Planning Commission with clear and convincing
           evidence and state-of the-art modeling, monitoring and measurement
           techniques that the proposed WECS will have no material adverse effects
           on any residences, businesses, schools, churches or other places of human
           habitation within the requested isolation distance from the WECS, as
           determined by a licensed qualified professional. Such evidence shall
           include, at a minimum, baseline readings, using state-of-the-art noise
           modeling data demonstrating that the anticipated noise generated by the
           WECS will not increase the existing noise levels above a maximum of
           fifty (50) decibels on the dBA scale at any of those representative
           residences, as determined in the Special Land Use Permit. As a condition
           of approval for any such lesser isolation distance, the applicant shall also
           post a performance guarantee in an amount fixed by the Planning
           Commission to assure that the WECS when installed will not have any
           material adverse effects on any residences, businesses, schools, churches




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     or other places of human habitation within the requested isolation distance
     from the WECS, as determined by a licensed qualified professional.

4.   Rotor or Blade Clearance: Blade arcs created by a WECS shall have a
     minimum of seventy-five (75) feet of clearance over and from any
     structure, adjoining property or tree. The minimum blade or rotor
     clearance above ground level shall be at least seventy-five (75) feet.

5.   Rotor or Blade Safety: Each WECS shall be equipped with both a manual
     and automatic braking device capable of stopping the WECS operation in
     high winds within 80% of design limits of the braking system.

6.   Tower Access: To prevent unauthorized climbing, WECS must comply
     with at least one of the following provisions:

     a.     External tower climbing apparatus shall not be located within
            twelve (12) feet of the ground.

     b.     A locked anti-climb device shall be installed and maintained

     c.     A tower capable of being climbed externally shall be enclosed by a
            locked protective fence at least ten (10) feet high with barbed wire
            fence.

7.   Signs: Each WECS shall have one sign, not to exceed two (2) square feet
     in area, posted at the base of the tower. The sign shall contain at least the
     following:

     a.     Warning: High Voltage.

     b.     Warning: Falling Ice.

     c.     Manufacturer’s name.

     d.     Emergency numbers (list more than one number).

     e.     FAA regulated sign with precise description with latitude and
            longitude and shall also contain both the applicant’s current
            telephone number and the current telephone number for the FAA’s
            regional office having jurisdiction over Oneida Charter Township.

     f.     If fenced, place signs on the fence.

8.   Lighting: A lighting plan for each WECS shall be approved by the
     Planning Commission. Such plans must describe all lighting that will be
     utilized, including any lighting that may be required by the FAA. Such a



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            plan shall include but is not limited to the planned number and location of
            lights, light color and whether any lights will be flashing. All tower
            lighting will comply with FAA regulations and guidance and shall be
            consistent with the USFWS/MDNR guidelines.

     9.     Electromagnetic Interference: Each WECS shall be designed; constructed
            and operated so far as possible so as not to cause radio, television and
            other wireless signal interference. If electromagnetic interference is
            experienced by properties outside the Wind Park, and the WECS is
            determined to cause radio, television or other wireless signal reception to
            be degraded from the conditions prior to the installation of the Wind Park
            through the proper utilization by an expert of relevant facts, data and
            reliable scientific principles and methods, the WECS owner shall provide
            alternate service to each individual resident or property owner affected. If
            a property owner or resident is successful in demonstrating degradation of
            their radio, television or other wireless signal reception caused by a
            WECS, then the WECS owner shall also reimburse the property owner or
            resident for their reasonable costs and fees incurred to prove the existence
            and cause of the degradation.

     10.    Noise Emissions: All WECS shall be manufactured and constructed with
            the best available noise reduction technology available at the time of their
            construction. Noise emissions from the operation of one or more WECS
            operating within a Wind Park shall not in any case exceed fifty (50)
            decibels on the dBA scale as measured at any point on the boundary
            between land within the Wind Park and land outside the Wind Park and
            not more than fifty (50) decibels on the dBA scale as measured at
            residences outside the Wind Park. A state-of-the-art baseline noise
            emission study of the proposed site and impact of estimated operating
            noise levels upon all areas within one (1) mile radius of each proposed
            WECS location shall be performed (at the applicant’s cost) and submitted
            to the Township with the application for Special Land Use Permit
            Approval .

     11.    Distribution; Transmission and Interconnection: All collection lines and
            interconnections from the WECS to the electrical substation shall be
            located and maintained underground inside the Wind Park. The Planning
            Commission may waive the requirement that collection lines and
            interconnections be located and maintained underground if the Planning
            Commission determines that it would be impractical or unreasonably
            expensive to install, place, or maintain such collection lines and
            interconnections underground.

j.   Approved Standards: In addition to the other requirements and standards
     contained in this section, the Planning Commission shall not approve any Wind




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     Park Special Approval Use unless it finds that all of the following standards are
     met:

     1.     The general Special Land Use Permit Approval Standards contained in
            Chapter 15 of this Ordinance; and

     2.     The Wind Park will not pose a safety hazard or unreasonable risk of harm
            to the occupants of any surrounding properties or area wildlife.

k.   Conditions and Modifications: Any conditions or modifications approved by the
     Planning Commission shall be recorded in the minutes of the appropriate
     Planning Commission Meeting. The Planning Commission may, in addition to
     other reasonable conditions, require landscaping, walls, fences, and other
     improvements that are reasonable in relation to and consistent with the nature of
     the A-1 Agricultural District. After approval, at least two (2) copies of the final
     approved Site Plan shall be signed and dated by the Chairman of the Planning
     Commission and authorized representative of the Applicant. One copy shall be
     kept on file by the Township Clerk, and one copy shall be returned to the
     applicant’s authorized representative.

l.   Completion; Testing: The applicant shall complete the Wind Park construction
     within twelve (12) months after commencement of construction. Within 12
     months of completion and commencement of operation, the applicant shall be
     required to present a report prepared by a third party, qualified professional,
     demonstrating that the Wind Park while in operation meets the requirements of
     this Ordinance and the permit for Special Land Use with respect to noise
     emissions and electromagnetic interference, and shadow flicker effect.

m.   Inspection: The Township shall have the right upon issuing any Wind Park
     Special Land Use Permit to inspect the premises on which each WECS is located
     at any reasonable time. The Township may hire a consultant to assist with any
     such inspections at the applicant’s reasonable cost.

n.   Maintenance and Repair: Each WECS must be kept and maintained in good
     repair and condition at all times. If the Township Zoning Administrator
     determines that a WECS fails at any time to meet the requirements of this
     Ordinance and the permit for Special Land Use with respect to noise emissions,
     electromagnetic interference, or shadow flicker effect, or that it poses a potential
     safety hazard, the applicant shall shut down the WECS within 48 hours after
     notice by the Zoning Administrator and not start the WECS until the condition
     has been corrected. The applicant shall keep a maintenance log on each WECS,
     which shall be available for the Township’s review on a monthly basis. The
     applicant shall keep all sites within the Wind Park neat, clean and free of refuse,
     waste or unsightly, hazardous or unsanitary conditions.




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o.   Roads: Any material damages to a public road located within the Township
     resulting from the construction, maintenance, or operation of a WECS shall be
     repaired at the applicant’s expense. In addition, the applicant shall submit to the
     appropriate agency a description of the routes to be used by construction and
     delivery vehicles; any road improvements that will be necessary to accommodate
     construction vehicles, equipment or other deliveries; and a performance guarantee
     acceptable to the appropriate agency in an amount necessary to assure repair of
     any damage to the public roads caused by construction of the Wind Park or any of
     its elements.

p.   Complaint Resolution: The applicant shall develop a process to resolve
     complaints from nearby residents and property owners concerning the
     construction and operation of the Wind Park. The process may use an
     independent mediator or arbitrator and shall include a time limit for acting on a
     complaint. The process shall not preclude the Township from acting on a
     complaint. During construction and operation the applicant shall maintain a
     telephone number during business hours where nearby residents and landowners
     can reach a project representative.

q.   Abandonment: Any WECS that is not used for the production of energy for a
     period of six (6) successive months or longer shall be deemed to be abandoned
     and shall be promptly dismantled and removed from the property, unless the
     applicant receives a written extension of that period from the Township Zoning
     Administrator in a case involving an extended repair schedule for good cause. All
     above and below ground materials (down 4 feet below the ground) must be
     removed. The ground must be restored to its original condition within 180 days
     of abandonment.

r.   Continuing Security and Escrow: If any WECS is approved for construction
     under this Ordinance, the applicant shall be required to post continuing security
     and a continuing escrow deposit prior to commencement of construction, which
     shall remain in effect until the WECS has been finally removed, as provided
     below:

     1.     Continuing Security: If a Special Land Use Permit is approved pursuant
            to this section, the Planning Commission shall require security in the form
            of a cash deposit, irrevocable letter of credit, corporate bond or surety
            bond in a form, amount, time and duration deemed acceptable to the
            Township, which will be furnished by the applicant to the Township in
            order to ensure full compliance with this section and all conditions of
            approval. When determining the amount of each required security, the
            Township may also require an annual escalator or increase based on the
            Consumer Price Index (or the equivalent or its successor). Such financial
            guarantee shall be deposited or filed with the Township Clerk after a
            Special Land Use Permit has been approved but before construction
            commences upon a WECS within the Wind Park. At a minimum, the



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            financial security shall be in an amount determined by the Township to be
            reasonably sufficient to have each WECS fully removed (and all
            components properly disposed of and the land returned to its original
            state) should such structure or structures become abandoned, dangerous or
            obsolete, or not in compliance with this ordinance or the Special Approval
            Use Permit. Such financial security shall be kept in full force and effect
            during the entire time while a WECS exists or is in place, and such
            financial security shall be irrevocable and non-cancelable (except by the
            written consent of both the Township and the then-owner of the WECS).

     2.     Continuing Escrow Deposit: A continuing escrow deposit to be held by
            the Township shall be funded in cash by the applicant prior to the
            commencement of construction of any WECS and shall be maintained by
            the WECS owner until the WECS has been permanently removed. The
            monetary amount placed by the applicant in escrow with the Township
            shall be estimated by the Township to cover all reasonable costs and
            expenses associated with continuing enforcement of this Ordinance and
            the terms of the Special Land Use Permit, which costs can include, but are
            not limited to, reasonable fees for the Township Attorney, Township
            Planner and Township Engineer, as well as costs for any reports or studies
            which the Township anticipates it may have done that are reasonably
            related to enforcement of the Ordinance and the Special Land Use Permit.
            If the Township is required to expend any portion of the escrow deposit or
            if the existing escrow amount paid by the applicant proves to be
            insufficient to cover the Township’s enforcement costs, the Township may
            require the WECS owner to place additional monies into escrow with the
            Township.

     3.     Continuing Obligations: Failure to keep such financial security and
            escrow deposit in full force and effect at all times while a WECS exists or
            is in place shall constitute a material and significant violation of a Special
            Approval Use and this Ordinance, and will subject the WECS owner to all
            remedies available to the Township, including possible enforcement action
            and revocation of the Special Land Use Permit.

s.   Liability: The applicant shall insure each WECS at all times, and shall maintain
     such insurance on its own behalf and on behalf of the Township as a co-insured,
     with limits of liability not less than $2,000,000 per occurrence for damages to
     persons and property (to be adjusted annually to an amount equivalent to 2010
     dollars based on CPI).

t.   Color: A WECS shall be painted a non-obtrusive (light environmental color such
     as beige or gray) color that is non-reflective. The wind turbine base and blades
     shall be of a color consistent with all other turbines in the area. No lettering,
     company insignia, advertising, or graphics shall be on any part of the tower, hub,
     or blades.



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u.   Shadow Flicker Effect: All reasonable efforts shall be made not to affect any
     resident with any shadow flicker effect in the operation of any WECS.

v.   Vibrations or Wind Currents: Under no circumstances shall a WECS produce
     vibrations or wind currents humanly perceptible beyond the perimeter of the
     Wind Park.

w.   Stray Voltage: The applicant shall be responsible for compensation for damages
     due to any stray voltage caused by a WECS in accordance with the rules of the
     Michigan Public Service Commission.

x.   Environmental Impact Assessment: At the Township’s request, the applicant
     shall fund an environmental assessment or impact study and/or other relevant
     report(s) or studies (including, but not limited to, assessing the potential impact on
     endangered species, eagles, birds, and/or other wildlife) as required by the
     Township for review by the Township regarding the Wind Park or surrounding
     areas. Each study or report shall be provided to the Township prior to the time
     when the Planning Commission makes its final decision regarding the Special
     Land Use Permit.

y.   Application Escrow Account: An escrow account shall be funded by the
     applicant when the applicant applies for a Special Land Use Permit for a Wind
     Park. The monetary amount placed by the applicant in escrow with the Township
     shall be estimated by the Township to cover all reasonable costs and expenses
     associated with the Special Land Use Permit review and approval process, which
     costs can include, but are not limited to, reasonable fees of the Township
     Attorney, Township Planner and Township Engineer, as well as costs for any
     reports or studies which the Township anticipates it may have done that are
     reasonably related to the zoning review process for the particular application.
     Such escrow amount shall be in addition to any filing or application fees
     established by resolution. At any point during the Special Land Use Permit
     review process, the Township may require that the applicant place additional
     monies into escrow with the Township should the existing escrow amount filed by
     the applicant prove insufficient. If the escrow account needs replenishing and the
     applicant refuses to do so promptly, the Special Land Use Permit Review and
     Approval process shall cease until and unless the applicant makes the required
     escrow deposit. Any applicable zoning escrow resolutions or other ordinances
     adopted by the Township shall also be applicable.

z.   Reasonable conditions: In addition to the requirements of this section, the
     Planning Commission may impose additional reasonable conditions on the
     approval of a Wind Park as a Special Land Use.




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aa.   Other Requirements: Each Wind Park and WECS shall also comply with all
      applicable federal, state, and county requirements, in addition to other Township
      Ordinances.




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Article 4.

 Single WECS for On-site Service Only
       a.   Single WECS applications of wind energy conversion system, including WECS
            testing facilities, to service the energy needs of only the property where the
            structure is located may be approved in any zoning district as a Special Use,
            provided the property upon which the WECS is located is at least three and one-
            half (3-1/2) acres in size, complies with all applicable federal, state, and local
            laws, rules, and regulations.
       b.   Single WECS are subject to the special use permit and site plan review and
            approval procedures and standards/criteria of this Ordinance, as well as the
            following:

                      1. The tower shall not exceed 100 feet.

                      2. The blade diameter ( tip to tip) shall not exceed 100 feet.

                      3. The height of the overall WECS (with the blade in vertical position)
                         shall not exceed 130 feet above ground level (at a normal grade).

                      4. The distance of the structure from all property lines shall be at least the
                         height of the tower to the top of the rotor.

Article 5.
       ____ Wind Parks, subject to Chapter 15 of this Ordinance.
       ____ Single WECS for On-site Service Only, subject to Chapter 15 of this Ordinance

Article 6. Severability. Should a court of competent jurisdiction find any provision, clause, or
portion of this ordinance amendment to be invalid, the balance or remainder of this ordinance
amendment shall remain valid and in full force and effect and shall be deemed “severable” from
the portion, clause, or provision deemed to be invalid by the court.

Article 7. Effective Date. This Ordinance amendment shall become effective within the time
provided by law after this ordinance amendment or a summary thereof is published in a local
newspaper.

Article 8. Savings Clause. Except as expressly amended by this ordinance amendments, the
balance of the Oneida Charter Township Zoning Ordinance, as amended shall remain unchanged
and in full force and effect.




       YEAS:______________________________________________________




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         NAYS:______________________________________________________


         ABSENT/ABSTAIN___________________________________________

ORDINANCE AMENDMENT DECLARED ADOPTED.



                                                CERTIFICATION

I hereby certify that the above is a true copy of an Ordinance Amendment adopted by the Oneida
Charter Township Board at a Regular Meeting held on ______________________, 2012,
pursuant to the required statutory procedures.


Dated________________, 2012




______________________________________

Oneida Charter Township Clerk




G:\CLIENTS\ONEIDA CHARTER TWP (18575)\Wind Energy Ord\2012.03.29 Revised Draft Wind Turbine Ordinance (HEM).docx




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